The agency was ordered by a District Court judge to pay €35,000 to a solicitor representing the boy’s guardian ad litem in order to help secure accommodation for the boy, The Irish Times reports.

The boy has been living for six months in a residential children’s hospital and efforts to find him more suitable accommodation had failed.

Mr Justice Garrett Simons granted leave this week for Tusla to challenge the payment order in the High Court.

Lawyers for Tusla will argue that the payment order, which has been stayed pending the outcome of the litigation, went beyond the District Court judge’s powers under section 47 of the Child Care Act 1991.

The agency claims that the payment order, if upheld, has consequences for its ability to function.

Tusla is arguing that the order circumvents regulations around the creation, allocation and regulation of residential placements, and that there is no evidence €35,000 would resolve the placement issue.